McGuire

McGuire v. United States

Good Law
550 F.3d 903·2008 WL 5352050·50 Bankr. Ct. Dec. (CRR) 280·61 Collier Bankr. Cas. 2d 211·2008 U.S. App. LEXIS 26388
United States Court of Appeals for the Ninth CircuitDecember 24, 200806-15812California4,997 words

Opinion

Opinion

Thomas, J.

This appeal presents the question of whether district courts have jurisdiction to entertain a bankruptcy debtor’s Tucker Act claims. We conclude that the Tucker Act’s sovereign immunity waiver is limited to suits filed in the United States Court of Federal Claims. We reverse the judgment of the district court and remand with instructions to transfer the action to the Court of Federal Claims, which is the appropriate venue for takings claims in excess of $10,000.

I

Jerry McGuire is an experienced farmer with a degree in agronomy and agricultural economics from the University of Arizona. In 1994, McGuire entered into a lease with the Colorado River Indian Tribe (“the Tribe”) for 1,355.97 acres of farmland (“Leased Property”) on the Tribe’s reservation near Parker, Arizona. The lease was for a ten-year period commencing on January 1, 1995 and expiring on December 31, 2004. McGuire was required to pay the Tribe $226,411.92 per year, subject to an appraisal for the years 2000 through 2004. Because the Leased Property was land held in trust for the Tribe by the United States, the lease required the approval of the United States Bureau of Indian Affairs (“BIA”). Allen Anspaeh,…

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